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1975 (9) TMI 196
... ... ... ... ..... and had a possible motive to see the accused removed permanently from the way of their immoral activity. 56. It is pertinent to mention here that the evidence of defence witnesses particularly that of D. Ws. 3 and 5, was not successfully impeached in cross-examination. The High Court has not touched their evidence at all. If the defence evidence were to be believed, at the material time, the appellant was in police uniform patrolling the Railway platform and he was not wearing the pants from the pocket of which the tainted....... + More
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1975 (9) TMI 195
... ... ... ... ..... able ground of grudge against the deceased and his father. 42. Further it is wrong to say that Baljeet never absconded. Contrary to what Baljeet has said in his examination under Section 342. Cr.P.C. the Investigating Officer, P.W. 7, testified that Baljeet was found hiding in a chhappar in the village from where he was arrested. This account of Baljeet's arrest was not challenged in cross-examination. To be an 'absconder' in the eye of law, it is not necessary that a person should have run away from his home, ....... + More
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1975 (9) TMI 194
... ... ... ... ..... d even if there were not eligible Assistant Executive Engineers who could be promoted to fill in two vacancies belonging to their quota, one vacancy is to be filled up by promotion of an Assistant Engineer, if he was eligible. Similarly, if two vacancies belonging to the quota of Assistant Executive Engineers are to be filled by Assistant Engineers for want of availability of eligible Assistant Executive Engineers the appointment of Assistant Engineers to fill in those two vacancies would be irregular because they would ha....... + More
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1975 (9) TMI 193
... ... ... ... ..... and in view of the nomination made by the late Srinivasa Rao in this behalf, the second respondent nominee was absolutely entitled to receive the commission from the first respondent herein in her own right. I may also point out that the learned counsel for the appellant did not contend that the notification issued by the Government of India was itself in any way illegal. Therefore, my conclusion on the second point is that the second respondent is entitled to receive the money in her own right and that the first responden....... + More
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1975 (9) TMI 192
... ... ... ... ..... ibunal to consider whether there was any reasonable cause which prevented the assessee from filing the return in time. Question Nos. 1 and 2 which have been raised in view of the provision of law as it stood before the amendment made in Section 271(1)(i) by the Direct Taxes (Amendment) Act, 1974 need not be answered. We, therefore, answer question No. 3 as under The assessee-firm would incur a liability provided there is no reasonable cause which prevented it from filing the return in time. 4. The Tribunal shall have to ex....... + More
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1975 (9) TMI 191
... ... ... ... ..... trator said that the award had become final in the year 1963. In fact it was not final. The award clearly laid down the principles and directed the Land Acquisition Officer to compute the compensation. It is only after the compensation was calculated that the petitioners could know the amount to which they were entitled. It was the duty of the arbitrator when complaint was made to him to see whether the calculation made was correct or not. He retained jurisdiction to determine correct calculation. 7. In the result, the wri....... + More
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1975 (9) TMI 190
... ... ... ... ..... ng limitation and not to create a different substantive period of limitation, the latter depends upon the appropriate Article of the Limitation Act which applies to the suit In this case, the mortgage document was registered and the personal covenant was contained in the registered deed. Therefore, Article 116, which gives a period of six years, applies. Thus, the fresh period of limitation will be six years and it has to be Counted from the date of acknowledgement, namely, 31-8-40. In this view, there is no merit in the p....... + More
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1975 (9) TMI 189
... ... ... ... ..... ed Chief Justice as the second Special Bench constituted of myself, S.K. Mukherjee and A.K. Basu, JJ. could not 'hear the matter owing to personal ground of Mukherjea, J. Thus it cannot be said that the appellant was negligent in not keeping itself informed about the position of the appeal from the respondent's Solicitor. ( 6. ) We have failed to find out that the Corporation of Calcutta has acted mala fide in making the present application. Further, it cannot be said that the appellant is guilty of any culpable ne....... + More
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1975 (9) TMI 188
... ... ... ... ..... v. Pan American Airways Inc., 1968 3 W.L.R. 714, 732 and indeed it is no secret that courts constantly give their own shape to enactments. We feel that when economic legislation in the implementation of Part IV of the Constitution strikes new ground and takes liberties with old jurisprudence, there looms an interpretation problem of some dimensions which Indian jurists will have to tackle. The genre of agrarian reform laws, with special constitutional status, as it were, warrants interpretative skills which will stifle eva....... + More
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1975 (9) TMI 187
... ... ... ... ..... o officers under the rule-making control of the Government of Andhra Pradesh was merely a reference to the rules and not to the pay schedules. This was further made clear by the first proviso of Rule 19(1) which reads as follows Provided that except with regard to salaries, allowances, leave and pensions, the Chief Justice shall exercise the powers vested in the Governor under any of the aforesaid rules; For the reasons stated above we do not find it possible to sustain the judgment of the High Court in law. We, however, t....... + More
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1975 (9) TMI 186
... ... ... ... ..... roach made by the High Court but we do not agree with the amount quantified by it. If we add interest at the rate of 6 per annum as prayed for in the plaint on the amount of ₹ 15,000/-,the interest calculated at this rate for 35 years from 1940 to 1975 would come to ₹ 31500/-. Thus the total amount payable to the plaintiffs comes to ₹ 46,500/- . We, therefore, allow the appeal in part and modify the decree of the High Court to the extent that there will be a decree for a sum of ₹ 46,500/- in favour ....... + More
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1975 (9) TMI 185
... ... ... ... ..... hin r. 14 of the Rules of 1968 where they have been removed from service without complying with the last part of r. 14 of the Rules of 1968 as indicated above. In none of the cases has the disciplinary authority either considered the circumstances or heard the delinquent employees on the limited point as to the nature and extent of the penalty to be imposed if at all. On the other hand in all these cases the disciplinary authority has proceeded to pass the order of removal from service straightaway on the basis of the conv....... + More
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1975 (9) TMI 184
... ... ... ... ..... nt additional assurance to the circumstantial evidence pointing to his guilt. But the fact that the prosecution has failed to lead such evidence has this effect only, that the other evidence bearing on the guilt of the accused has to be very closely examined. In this case the learned Judges of the High Court have very carefully examined the evidence led on behalf of the prosecution and come to the conclusion that the circumstances proved beyond any doubt that the appellant was responsible for the murder that night. It may ....... + More
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1975 (9) TMI 183
... ... ... ... ..... State to give possession of any land either to its erstwhile proprietor or to one who has been in long possession rightly of wrongly. We do not make any observation in that behalf but point out that prima facie section 4(f) and (g) and rule 7-H attract the jurisdiction of the State and its revenue 13 authorities. The policy of the Act includes the State taking over and managing lands not saved by sections 5, 6 and 7 and are not found to be in possession of the proprietor so that the eventual distribution to the landless an....... + More
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1975 (9) TMI 182
... ... ... ... ..... ld not have been made. Such an evidence is visualised by the counter illustration referred to above but that is a circumstance which a Court is entitled to consider before raising a presumption. Once the presumption is raised, the manner of rebuttal need not be limited to the instance given in the counter illustration. The only possible evidence that could have been given by the tenant in such a case would be to deny the tender on oath and that is exactly what the tenant has done in the present case. This evidence could no....... + More
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1975 (9) TMI 181
... ... ... ... ..... this circumstance. What has to be established is mala fide exercise of power by the State Government-the acquiring authority-although the beneficiary of the acquisition is eventually the Municipality. There is no scintilla of evidence suggestive of malus animus in Government. At this state Shri Deshpande complained that actually the Municipal Committee had sold away the excess land marking them out into separate plots for a housing colony, apart from the fact that a housing colony is a public necessity, once the original a....... + More
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1975 (9) TMI 180
... ... ... ... ..... eals and dismiss them, leaving parties to bear their respective costs throughout. C.As. 1456-1458/69 These appeals raise an interesting question of law bearing on compensation payable to landholders whose lands are vested in tenants and this turns on the connotation of 'similar land' in s. 18(2) of the Act in the context of averaging the price for ten years before the filing of the - application for purchase. The primary fact which projects this point Of law is as to whether the purchased land is irrigated or non-i....... + More
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1975 (9) TMI 179
... ... ... ... ..... notice that the Public Analyst, Mr. Sudama Roy whose report is in question-is no longer in the service of the Cor poration and is not residing at Delhi. It is obvious that it will not be possible to procure Mr. Roy's attendance in court without an amount of delay and inconvenience which will be unreasonable in the circumstances of the case and will cause undue hardship to the respondent who has had more than his normal share of the mental suffering. harassment and expense which go together with protracted criminal proc....... + More
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1975 (9) TMI 178
... ... ... ... ..... eport, or, in any event, the final decision of the Government contained in the impugned notification. It must be remembered that the procedure followed in this case was the one provided in section 5(1) (a) in which case it was not mandatory for the Government to take the opinion of the Advisory Board. After all, the recommendations made by the Board even on consideration of the report of the Sub-committee along with that of the Committee was the advice of the Board. The Government did accept it but accepted it after some m....... + More
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1975 (9) TMI 177
... ... ... ... ..... als. We are not interested in what happened to those appeals. We further direct that while re-assessing for the period aforesaid i.e. 1964/65, the officer will have due regard to the materials placed before him, if any, although it will be open to him, for good reasons, if any, to accept or reject the materials, including the accounts that may be placed before him. In case, the conditions for a best-judgment assessment are present, he will make it not on speculative or fanciful grounds but on reasonable guess since the bes....... + More